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2211869
Law of persons
Description
Private Law - The study of the law of persons Semester 1
No tags specified
private law
second year
Mind Map by
Michaela Warrin
, updated more than 1 year ago
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Created by
Michaela Warrin
about 9 years ago
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Resource summary
Law of persons
Part of objective law
Regulates
End of legal subject
Death
Private law status
Coming into being
Legal subjectivity
begins
Birth
Common law
Application
Requirements
Completion of birth
Sign of life
Viability
Statutory law
Criminal Procedure Act
Application
Requirement
Birth and Death registration Act
Application
Requirement
subdivided
Public law
legal rules that apply when the state acts with state authority
Private law
Collection of legal rules that apply to a variety of legal relationships in which the acting legal subject in the relationship is called a person
Law in
Objective sense
positive law
Describe norms and rules that prescribe the conduct of persons
Subjective sense
network of legal relationships among legal subjects
dealing with rights
relationships
between
bearer of rights and other legal subjects
subject-subject
bearer of rights and object of the rights
subject-object
Legal subject v legal object
legal subject
an entity that can have right, duties and capacities
types
natural person
Germanic & Roman law
slaves
legal objects
abolished 1834
Roman & RDL
severely malformed children
so malformed - did not have the human form and mind
killed by magistrates permission
Juristic person
community or association of people that, according to the law, has an independent right of existence
Features
existence independent of members
can be bearer of capacities, rights and obligations just like a natural person
must act through its functionaries
Types
Associations established in separate legislation
only with the permission of the government
government has extensive interest - existence and capacity to act as a legal subject is regulated in separate legislation
Eskom, SABC, Universities
Associations incorporated in terms of special or enabling legislation
permission of the state is not required
nature of association will determine under which legislation the association must register
Associations that comply with the CL requirement for the establishment of a juristic person
not dependent on government intervention
universitates at CL
Requirements
organisation must remain in existence irrespective of its members
must function as bearer of rights, duties and capacities distinct of the rights, duties and capacities of its members
object of the entity may not be the acquisition of the gain
courts have held - following have legal personality
church
political party
trade union
legal object
object upon which the law has not conferred the capacity to have rights, duties and capacities
something in respect of which a legal subject can have rights, duties and responsibilities
categories
Corporeal things
any tangible thing outside the person that is susceptible to human control and of value to people
real right
immaterial Property
thought of by a person
product of human intellect
idea or thought process
immaterial property right
Personality property
aspect of a person's own personality
good name and dignity
personality right
Performance
act by which something is given (dare), done (facere) or not done (non facere)
delivery by the seller of the thing sold
payment of an amount owing by the debtor
personal right/claim
Personal immaterial property
earning capacity
credit-worthinesss
trade secrets
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